中国矿业大学学报（社会科学版）2025，Vol.27Issue(3)：82-97,16.DOI:10.20089/j.cnki.issn.1009-105x.2025.03.007
利益衡平视角下生态环境替代性修复的规范实现
Standardized Implementation of Alternative Restoration of Ecological Environment from the Perspective of Interest Balance
摘要
Abstract
Ecological environment restoration is a project with complex interests,and there are differences in the interests of multiple subjects,so it is difficult to avoid conflicts of interest,such as the interests of different groups in the restoration process,the game between ecological environment public interests and other public interests,and the game between ecological environment public interests and the national interests,and so on.Ecological environment restoration goal determination process of interest balance decided ecological environment restoration should not mechanically restore the status quo ante,if appropriate,can explore the high cost-benefit ratio,can take into account the overall benefits of the society and the differentiated interests of multiple parties alternative restoration,in order to seek the optimal solution of the responsibility to bear.Currently,the ways of alternative restoration in judicial practice are constantly expanding and updating,and due to the different restoration ideas,objectives and effects of different ways,it is necessary to adopt a prudent and comprehensive attitude of weighing and planning alternative restoration programs,and to harmonize the differences between the different interests and needs as far as possible.The criteria for prioritizing different restoration methods can be divided into two scenarios:comparison of interests of the same nature and comparison of interests of different nature.Alternative restoration demonstrates the flexibility of judicial discretion,in order to prevent the abuse of alternative restoration,it is necessary to optimize the preconditions for the application of alternative restoration,to form a restoration synergy with diversified alternative restoration methods,and to improve the mechanism of expression of interests in alternative restoration to carry out a normative construction of alternative restoration in three aspects.关键词
生态环境修复/替代性修复/利益博弈/利益衡平Key words
ecological environment restoration/alternative ecological environment restoration/conflict of interests/balance of interests分类
政治法律引用本文复制引用
秦萱钰..利益衡平视角下生态环境替代性修复的规范实现[J].中国矿业大学学报（社会科学版）,2025,27(3):82-97,16.基金项目
国家社会科学基金项目"全民所有自然资源资产损害民事救济机制研究"(项目编号:23BFX035) （项目编号:23BFX035）
